DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5898-19                                                            
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 20 November 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps Reserves and began a period of active duty on 3 May 2006.  On 10 May 2006, you signed a page 11 counseling entry that read, in part: “At my request my Reserved Unit is being changed from                                                      due to be accepted to                             in                            .” On 29 July 2006, you were released from initial active duty training.  On 7 March 2007, you were notified of the convening of a Competency Review Board (CRB) due to professional incompetence including ten unexcused absences from drill.  On 8 March 2007, a page 11counseling entry was inserted into your record documenting that you were selected for promotion, but not recommended, due to your unexcused absences (UA).  You were not available to sign the counseling.  On 14 April 2007, you were administratively reduced to the rank of E-1, Private and counseled that you were not recommended for promotion on the following day.  On 8 July 2007, a page 11counseling entry was inserted into your record documenting that you were UA from eight drill periods.  You were not available to sign the counseling.  From 29 May until 19 June 2007, you were UA from annual training.  Between March and August 2007, your command made telephone calls and sent unsatisfactory participation letters to your address of record and to the address of your next of kin, but received no response.  On 1 August 2007, administrative discharge action was initiated by reason of unsatisfactory participation in the Ready Reserve.  You failed to return the acknowledgement of rights within the time period indicated in the notification.  On 30 November 2007, you were discharged with an under other than honorable (OTH) conditions character of service and a reentry (RE code of RE-4. 

You request the Board change your RE code to RE-3H so that you can reenlist in the military.  You assert that after completing basic training you were assigned to a unit in                         where you were attending college.  Your grandmother became ill and you were required to return to                to assist in caregiving.  You stated it was very difficult to return to 
                for drill weekends and training, therefore, your command attempted to help you by giving you a hardship discharge.  When you recently received you DD Form 214you became aware that your RE code was RE-4 instead of RE-3H.  The Board found no error in the records.  The Board noted there is no evidence to support your contention that you received a hardship discharge, but rather documentation to support your discharge on the basis of unsatisfactory participation in the ready reserve. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


12/27/2019